State of Rhode Island and Providence Plantations JOURNAL -OF THE- HOUSE OF REPRESENTATIVES JANUARY SESSION of the General Assembly begun and held at the State House in the City of Providence on Tuesday, the third day of January in the year of Our Lord two thousand and six. Volume 133, No. 38 Thursday, April 6, 2006 Thirty-eighth day The House of Representatives meets at the State House in Providence, Thursday April 6, 2006 and is called to order at 4:23 o clock P.M., by the Honorable William J. Murphy, Speaker. The roll is called and a quorum is declared present with 71 members present and 4 members absent as follows: PRESENT - 71: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Coderre, Corvese, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Loughlin, Malik, McCauley, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Moura, Mumford, Naughton, O'Neill, Pacheco, Palumbo, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Scott, Shanley, Singleton, Slater, Smith, Story, Sullivan, Trillo,, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield. ABSENT 4. Representatives Costantino, Crowley, Ginaitt, and Ucci. INVOCATION The Honorable Speaker presents Representative Giannini who delivers the Invocation and leads the membership in the Pledge of Allegiance to the Flag. (For Invocation, see Appendix, this Journal.) APPROVAL OF RECORD By unanimous consent, the House Journal of Wednesday, April 5, 2006 is approved as printed.
H.J. -- 2 JOURNAL Thursday, April 6, 2006 ANNOUNCEMENTS Meredith Flynn from CCRI sings the Star Spangled Banner Representative Winfield wishes House Page Kristen Picard a Happy Birthday. Representative Lima reminds the members that the House will be meeting in session on Monday, April 10, 2006. REPORTS OF COMMITTEES COMMITTEE ON LABOR Representative Faria, for the Committee on Labor, reports back the following measure, with recommendation of passage House Bill No. 7517 BY Moura, Lally ENTITLED, AN ACT RELATING TO LABOR ARBITRATION OF MUNICIPAL EMPLOYEES DISPUTES (changes to the arbitrations of municipal employees law) {LC949/1} COMMITTEE ON SEPARATION OF POWERS Representative Coderre, for the Committee on Separation of Powers, reports back the following measure, with recommendation of passage: House Bill No. 7156 SUB A BY Coderre E, Crowley, Gallison, Anguilla ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND MANAGEMENT CORPORATION (eliminate the ninth director) {LC1818/2/A} House Bill No. 6749 as amended BY Coderre E, Crowley, Kilmartin, Davey, Gallison ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS -- EDUCATION (boards relating to education) {LC333/1} House Bill No. 6752 as amended BY Coderre E, Crowley, Kilmartin, Davey, Naughton ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES BOARD (amend the composition) {LC335/1}
H.J. -- 3 JOURNAL Thursday, April 6, 2006 Senate Bill No. 2743 SUB A BY Levesque C, Roberts ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND MANAGEMENT CORPORATION ( eliminate the ninth director in the Narragansett Indian Land Management Council) {LC1816/1/A} House Bill No. 6753 as amended BY Coderre E, Crowley, Kilmartin, Davey, Naughton ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS {LC334/1} House Bill No. 7175 SUB A BY Coderre E, Crowley, Gallison, Anguilla ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- EAST BAY ECONOMIC INITIATIVE {LC1825/1/A} House Bill No. 7955 SUB A BY Jackson, Rice, Crowley ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - FORT ADAMS FOUNDATION {LC2875/1/A} NEW BUSINESS House Bill No. 7968 BY Laroche ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGE (join Amy Elizabeth Hernandez and Emil Garrick Romanshyn) {LC2761/1} 04/06/2006 Introduced, referred to House Judiciary House Bill No. 7969 BY Almeida, Ajello, Williams, Davey, Slater ENTITLED, AN ACT RELATING TO PUBLIC FINANCE -- STATE INVESTMENT COMMISSION (assets of any investment account, including pension, endowment, and annuity funds, under the jurisdiction of the state investment commission and/or the state treasurer shall not be invested in companies) {LC2928/1} 04/06/2006 Introduced, referred to House Finance
H.J. -- 4 JOURNAL Thursday, April 6, 2006 House Bill No. 7970 BY Carter ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT (allow towns or cities to request funding from applicants of facilities generating or transmitting electricity) {LC1425/1} 04/06/2006 Introduced, referred to House Corporations House Resolution No. 7971 BY Lewiss, Gallison, Lima, Shanley, Mumford ENTITLED, HOUSE RESOLUTION HONORING THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS FOR ITS 140 YEARS OF SERVICE TO THE PEOPLE OF RHODE ISLAND, THE UNITED STATES AND THEIR ANIMALS {LC2972/1} Representative Lewiss requests unanimous consent for immediate consideration. There is no objection. Read and passed, motion of Representative Lewiss seconded by Representative Anguilla and by unanimous consent, on a voice vote. House Resolution No. 7972 BY Almeida, Williams, Diaz, Fox ENTITLED, HOUSE RESOLUTION PROCLAIMING THE MONTH OF APRIL, 2006 TO BE "MINORITY HEALTH AND HEALTH DISPARITIES MONTH" IN THE STATE OF RHODE ISLAND {LC2995/1} Representative Almeida requests unanimous consent for immediate consideration. There is no objection. Read and passed, motion of Representative Almeida seconded by Representatives Williams, Diaz, Slater and Fox and by unanimous consent, on a voice vote. House Bill No. 7973 BY Diaz, Almeida, Slater, Williams ENTITLED, AN ACT RELATING TO EDUCATION -- BOARD OF GOVERNORS FOR HIGHER EDUCATION {LC2967/1} 04/06/2006 Introduced, referred to House Finance TRANSMITTAL By unanimous consent, all matters on the Clerk s desk are ordered to be transmitted to the Honorable Senate, forthwith.
H.J. -- 5 JOURNAL Thursday, April 6, 2006 COMMUNICATION FROM THE SENATE A message from the Honorable Senate transmits with announcement of passage, of the following measures: Senate Bill No. 2737 BY Walaska, Bates ENTITLED, AN ACT RELATING TO INSURANCE (borrowing among the three separate accounts) {LC1292/1} Senate Bill No. 2589 (Business Regulation) BY Breene ENTITLED, AN ACT RELATING TO INSURANCE PRODUCERS' BRANCHES -- LIFE INSURANCE COMPANIES' OFFICES (conform more closely to those in other states) {LC1596/1} Senate Bill No. 2585 BY Walaska, Bates ENTITLED, AN ACT RELATING TO INSURANCE -- COMMERCIAL SPECIAL RISKS (modify the criteria required when classifying commercial special risks to be consistent with such risks in the Commonwealth of Mass) {LC1938/1} Senate Bill No. 2735 BY Bates, Walaska ENTITLED, AN ACT RELATING TO INSURANCE -- SURPLUS LINES (exempt insured and licensees from the requirement of filing an affidavit when obtaining surplus lines insurance for certain insurable interests) {LC1528/1} Senate Bill No. 2590 (Business Regulation) BY Bates, Breene ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF BUSINESS REGULATION (authority to enforce statutes governing licenses even though the statutes granting the licenses do not appear in title 27) {LC1370/1} Senate Bill No. 2302 BY Bates, Walaska, Cote, Caprio F ENTITLED, AN ACT RELATING TO CASUALTY INSURANCE RATING (uniform safe driver point system) {LC1524/1}
H.J. -- 6 JOURNAL Thursday, April 6, 2006 Senate Bill No. 2581 (Administration) BY Bates ENTITLED, AN ACT RELATING TO SALES TAX OFFICIALS (require paid tax return preparers that prepare large numbers of RI tax returns for their clients to file such returns electronically with the division of taxation) {LC1298/1} 04/06/2006 Referred to House Finance Senate Bill No. 2999 BY Lanzi ENTITLED, AN ACT RELATING TO DAYS OF SPECIAL OBSERVANCE {LC2957/1} 04/06/2006 Referred to House H.E.W. From the Calendar are taken: CALENDAR STATE OF RHODE ISLANDAND PROVIDENCE PLANTATIONS HOUSE OF REPRESENTATIVES STATEMENT OF CONFLICT OF INTEREST PURSUANT TO RIGL 36-14-6 I, John J. Loughlin, State Representative, District 71, hereby under oath depose and say: 1. (Matter requiring action) I expect to be called upon, in my capacity as State Representative, to participate in the consideration of, and to vote upon: (06H 7839 Sub A) 2. (Nature of the potential conflict) I have the following interest in the matter: I am employed in the motion picture production business. 3. (Complete and (A.) or (B.) and cross out whichever does not apply B. In compliance with Section 36-14-6(1) & (2)A of the General laws, I hereby request the Speaker of the House of Representatives to excuse me from voting on or participating in the consideration of the matter described in paragraph 1 above. John J. Loughlin REPRESENTATIVE STATE OF RHODE ISLAND COUNTY OF Providence Subscribed and sworn to under the penalties for perjury before me this 7 day of April, 2006. David W. Dumas NOTARY PUBLIC
H.J. -- 7 JOURNAL Thursday, April 6, 2006 Representative Loughlin is excused from voting on or participating in the consideration of the matter described in paragraph 1, above. WILLIAM J. MURPHY SPEAKER OF THE HOUSE OF REPRESENTATIVES 1. 2006-H 7839 SUB A BY Murphy ENTITLED, AN ACT RELATING TO MOTION PICTURE PRODUCTION TAX CREDITS Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute A. Representative Lewiss moves passage of the act, seconded by Representatives Fox, Carter, Gemma, Williamson, Coderre, San Bento, Rose, Kennedy, Moffitt, and Savage. Representative Moura discusses the act. Read and passed, on a roll call vote, 65 members voting in the affirmative and 0 members voting in the negative as follows: YEAS - 65: The Honorable Speaker Murphy and Representatives Ajello, Almeida, Amaral, Anguilla, Brien, Caprio, Carter, Church, Coderre, Corvese, Davey, Dennigan, DeSimone, Diaz, Ehrhardt, Faria, Flaherty, Fox, Gallison, Gemma, Giannini, Gorham, Handy, Jackson, Jacquard, Kennedy, Kilmartin, Lally, Landroche, Laroche, Lewiss, Lima, Long, Malik, McHugh, McManus, McNamara, Melo, Menard, Moffitt, Moran, Moura, Mumford, Naughton, O'Neill, Pacheco, Petrarca, Picard, Rice, Rose, San Bento, Savage, Schadone, Scott, Shanley, Singleton, Slater, Story, Sullivan, Trillo, Wasylyk, Watson, Williams, Winfield. NAYS - 0. TRANSMITTAL By unanimous consent, (06-H 7839 Sub A), is, ordered to be transmitted to the Honorable Senate, forthwith. GUESTS Representative Pacheco welcomes to the House the following University of Rhode Island students visiting the State House to represent the URI Student Senate on Higher Education Day: Neil Cavanaugh, Student Senate President, Ben Matone, Mary Enstace; Tom Ahrens, Brian McGuire, Sara Addis, Catherine Callazzo, Thomas Parker, Dave Mack, Kate Bashwiner, Brittney Boudreau, and Matt Yates. Representative Watson welcomes to the House Neil Cavanaugh and Ben Matone.
H.J. -- 8 JOURNAL Thursday, April 6, 2006 ANNOUNCEMENTS Representative McNamara announces that the Committee on Health, Education and Welfare will meet at the rise of the House, in Room 135 of the State House. Representative Lally announces that the Committee on Judiciary will meet at the rise of the House, in Room 205 of the State House. Representative Faria announces that the Committee on Labor will meet at the rise of the House, in Room 201 of the State House. Representative Coderre announces that the Committee on Separation of Powers will meet at the rise of the House in Room 203 of the State House. Representative Kennedy announces that the Committee on Corporations will meet at the rise of the House, Monday April 10, 2006 in Room 203 of the State House. ADJOURNMENT At 4:40 o clock P.M. on motion of Representative Jackson, and as a further mark of respect to the memory of Catherine Marie Galvin; on motion of Representatives Shanley and Mumford, and as a further mark of respect to the memory of Lucy J. Winter; seconded by Representatives Fox and Watson the House adjourns, on a unanimous rising vote. Linda M. McElroy Recording Clerk
H.J. -- 9 JOURNAL Thursday, April 6, 2006 APPENDIX INVOCATION REPRESENTATIVE JOANNE M.GIANNINI Lord, we have been sent to these positions of responsibility by the people. Make us mindful that we are their servants. Give us the wisdom and energy to serve them honestly and well. Amen.
H.J. -- 10 JOURNAL Thursday, April 6, 2006 APPENDIX CALENDAR IN ORDER FOR MONDAY, APRIL 10, 2006: 1. 2006-H 7937 BY Ajello ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGE Committee on Judiciary recommends passage. 2. 2006-S 2070 SUB A BY Paiva-Weed ENTITLED, AN ACT RELATING TO SOLEMNIZATION OF MARRIAGES Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute A. 3. 2006-S 2717 SUB B BY Blais ENTITLED, AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES Committee on Finance recommends indefinite postponement of the original bill and the Substitute A and passage of Substitute B. IN ORDER FOR TUESDAY, APRIL 11, 2006: 1. 2006-H 7517 BY Moura ENTITLED, AN ACT RELATING TO LABOR ARBITRATION OF MUNICIPAL EMPLOYEES DISPUTES Committee on Labor recommends passage. IN ORDER FOR WEDNESDAY, APRIL 12, 2006: 1. 2006-H 7156 SUB A BY Coderre E ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND MANAGEMENT CORPORATION Committee on Separation of Powers recommends indefinite postponement of the original bill and passage of Substitute A. 2. 2006-H 6749 as amended BY Coderre E ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS --
H.J. -- 11 JOURNAL Thursday, April 6, 2006 EDUCATION Committee on Separation of Powers recommends passage as amended in concurrence. 3. 2006-H 6752 as amended BY Coderre E ENTITLED, AN ACT RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES BOARD Committee on Separation of Powers recommends passage as amended in concurrence. 4. 2006-H 6753 as amended BY Coderre E ENTITLED, AN ACT RELATING TO SEPARATION OF POWERS Committee on Separation of Powers recommends passage as amended in concurrence. 5. 2006-H 7955 SUB A BY Jackson ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - FORT ADAMS FOUNDATION Committee on Separation of Powers recommends indefinite postponement of the original bill and passage of Substitute A. 6. 2006-H 7175 SUB A BY Coderre E ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- EAST BAY ECONOMIC INITIATIVE Committee on Separation of Powers recommends indefinite postponement of the original bill and passage of Substitute A. 7. 2006-S 2743 SUB A BY Levesque C ENTITLED, AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND MANAGEMENT CORPORATION Committee on Separation of Powers recommends indefinite postponement of the original bill and passage of Substitute A. Francis P. McCabe Clerk of the House Thursday, April 6, 2006